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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
    • 2. Is correct disregard 1. You must attend ad per the order 
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

i've been stung with a car with a log book loan on it


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  • 1 month later...

can anybody help

ive got my car in hiding lbl want 3k to clear it and

i bought it 3months ago the seller has now vanished!

 

ive got a copy of the bos which i can upload can anyone help?

 

it was registered 8days after signing too

 

 

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can anybody help ive got my car in hiding lbl want 3k to clear it and i bought it 3months ago the seller has now vanished! ive got a copy of the bos which i can upload can anyone help? it was registered 8days after signing too

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Hi Q Plate

 

I agree with Nicky - it must be registered within 7 days...

 

Can you just confirm, are you the person who took the LBL or are you the person that bought a car that you have now found out has a LBL agreement in place? ie - is the loan with the person who sold you a car or is it your loan?

 

(sorry for my confusion... it's been a long day)

 

: )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Hi QPlate

 

Apologies for the delay in coming back to you.

 

These are my logical thoughts based on what I have summised from your post.....

 

I think that if you get a good solicitor, you should be able to get a good result.

 

The fact the lender can show a Bill of Sale for the vehicle is irrelevant - it only has relevance to the person who's name is on it - if that is not you - then I dont see how they can make you liable in any way for someone else's debt.

 

e.g: if I saw your car parked outside your house, liked the look of it - took the make, model, reg No; put a BoS together, swore under oath with a solicitor and then paid my fee at the High Court of Justice, I would have an interest in your car too - and I could come to you - with my 'heavies' in tow and insist you pay me £3K, or I'm taking the car......Would you pay me? I think NOT.... (by the way - this is not something I advocate anyone doing as it woud be against the law I'm sure and the BoS acts as amended and regulated go a long way to catch out anyone who may have tried to do this)

 

Essentially what I am saying is: - so what if they know the make and model of your car - your name and address do not relate to the document - so how can they trully, honestly make you liable for an outstanding debt owed by the previous owner.

 

They cannot take the car legitimately - because it has been sold fair and square.

 

So what to do?.......

 

You have to keep your car safe (because it's reported that this company have a bad habit of taking cars without following true legal process) and send them a notice that you intend to take the matter to court allowing 14 days.

 

Once the 14 days are up - see a solicitor with a view to a claim against them under Article 8 of the Human rights Law (they have sought to take a vehice that you paid for and are entitled to peaceful possession of it) -(do check this first please via google) as a minimum......

 

You will need to show evidence of the purchase and evidence (birth cert) that you are not the person they are looking for....

 

I think that this will be the cheapest and quickest way to get the ball rolling to get them off your back and quash the matter.

 

General claim form N244 - cost £30 at county court - more if you seek a monetary claim as well (but your solicitor should advise on making the claim relevant to Article 8 and any additional costs that may apply)

 

I would say though - I have not seen a law yet that allows them to do what they are doing or how they can bring a case against you for having bought a car legitmately....... but if anyone else has - please let me know : )

 

 

apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Hi Applecart thanks for the great information the car is out of the way safe!

 

I spoke to Lbl who advised me that their recovery department is now looking to repossess my car and that i should just surrender the car to them!! (Yes im sure!)

 

I shall fight this all the way what gets me is why is this company allowed to prey on people?

 

Surely this is highly illegal??:confused:

 

also do i start a new thread/upload my bos?? id like it to be checked for errors???

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